Common use of Warranties; Limitations of Liability Clause in Contracts

Warranties; Limitations of Liability. a) Any third-party products provided to Customer pursuant to this Agreement, including but not limited to third party hardware, software, peripherals and accessories (collectively, “Third Party Products”) shall be provided to Customer “as is”. TOTLCOM shall use reasonable efforts to assign all warranties (if any) for the Third-Party Products to Customer but will have no liability for such third-party products. All Third-Party Products are provided WITHOUT ANY WARRANTY between TOTLCOM and Customer. TOTLCOM shall not be held liable as an insurer or guarantor of the performance or quality of Third- Party Products. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE SHALL BE GOVERNED BY END USER LICENSE AGREEMENT TERM AND CONDITIONS. b) TOTLCOM assumes no liability for failure of equipment or software or any losses resulting from such failure. c) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO TOTLCOM FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF THE LIMITATION OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCE. d) Unsupported Software TOTLCOM shall not be responsible or liable to Customer for any consequences from the use of software no longer under manufacturer product support or no longer supported by the software publisher (“Unsupported Software”). This includes extra labor or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFORE, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWARE.

Warranties; Limitations of Liability. a) Any third-third party products provided to Customer Client pursuant to this Agreement, including but not limited to third party hardware, software, peripherals and accessories (collectively, “Third Party Products”) shall be provided to Customer Client “as is”. TOTLCOM Company shall use reasonable efforts to assign all warranties (if any) for the Third-Third Party Products to Customer Client, but will have no liability whatsoever for such third-third party products. All Third-Third Party Products are provided WITHOUT ANY WARRANTY WHATSOEVER as between TOTLCOM Company and Customer. TOTLCOM Client, and Company shall not be held liable as an insurer or guarantor of the performance or quality of Third- Third Party Products. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE SHALL BE GOVERNED BY END USER LICENSE AGREEMENT TERM AND CONDITIONS. b) TOTLCOM Company assumes no liability for failure of equipment or software or any losses resulting from such failure. c) Client warrants and represents that it shall not use the System for any purposes or activities that violate the laws of any jurisdiction, including the sending of unsolicited, bulk commercial email (i.e., SPAM). d) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER CLIENT TO TOTLCOM COMPANY FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER CLIENT UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF THE LIMITATION OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCE. d) Unsupported Software TOTLCOM shall not be responsible or liable to Customer for any consequences from the use of software no longer under manufacturer product support or no longer supported by the software publisher (“Unsupported Software”). This includes extra labor or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFORE, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWARE.

Warranties; Limitations of Liability. a) Any third-party products provided to Customer pursuant to this Agreement, including but not limited to third party hardware, software, peripherals and accessories (collectively, “Third Party Products”) shall be provided to Customer “as is”. TOTLCOM shall use reasonable efforts to assign all warranties (if any) for the Third-Party Products to Customer but will have no liability for such third-party products. All Third-Party Products are provided WITHOUT ANY WARRANTY between TOTLCOM and Customer. TOTLCOM shall not be held liable as an insurer or guarantor of the performance or quality of Third- Third-Party Products. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE SHALL BE GOVERNED BY END USER LICENSE AGREEMENT TERM AND CONDITIONS. b) TOTLCOM assumes no liability for failure of equipment or software or any losses resulting from such failure. c) Customer warrants and represents that it shall not use the System for any purposes or activities that violate the laws of any jurisdiction, including the sending of unsolicited, bulk commercial email (i.e., SPAM). d) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO TOTLCOM FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF THE LIMITATION OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCE. d) Unsupported Software TOTLCOM shall not be responsible or liable to Customer for any consequences from the use of software no longer under manufacturer product support or no longer supported by the software publisher (“Unsupported Software”). This includes extra labor or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFORE, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWARE.

Warranties; Limitations of Liability. THE SOFTWARE IS LICENSED, “AS IS,” AND, “WITH ALL FAULTS,” AND VOLANTE MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE EXTENT THAT THE PARTIES MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM REQUIRED UNDER APPLICABLE LAW. (a) Any third-party products provided to Customer pursuant to this AgreementYou acknowledges that Volante makes no representations concerning the completeness, including but not limited to third party hardware, software, peripherals and accessories (collectively, “Third Party Products”) shall be provided to Customer “as is”. TOTLCOM shall use reasonable efforts to assign all warranties (if any) for the Third-Party Products to Customer but will have no liability for such third-party products. All Third-Party Products are provided WITHOUT ANY WARRANTY between TOTLCOM and Customer. TOTLCOM shall not be held liable as an insurer accuracy or guarantor operation of the performance or quality of Third- Party ProductsSoftware. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE SHALL BE GOVERNED BY END USER LICENSE AGREEMENT TERM AND CONDITIONS. b) TOTLCOM Volante assumes no liability for failure whatsoever that may arise out of equipment or software or any losses resulting from such failureuse of the Software. (b) THE PROVISIONS OF THIS SECTION 6 SET FORTH YOUR SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO ANY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND, INCLUDING WITHOUT LIMITATION, TRADE SECRET RIGHTS, COPYRIGHTS, MORAL RIGHTS AND PATENT RIGHTS, BUT DO NOT IMPOSE LIMITATIONS ON EITHER PARTY’S CLAIMS AGAINST THE OTHER PARTY FOR MISAPPROPRIATION OR INFRINGEMENT OF SUCH PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY. (c) IN EXCEPT FOR LIABILITIES ARISING UNDER SECTION 6(b) OR FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO EVENT CIRCUMSTANCES SHALL (A) EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY EXEMPLARY, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUEINCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITSPROFITS OR LOSS RESULTING FROM BUSINESS DISRUPTION, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY, AND (B) VOLANTE’S AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO TOTLCOM FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN EXCEED THE CALCULATION GREATER OF (a) THE LIMITATION OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCEAMOUNT YOU PAY VOLANTE HEREUNDER, AND (II) $1,000. (d) Unsupported Software TOTLCOM shall not be responsible Except for infringement of either party’s claims against the other party for misappropriation or liable to Customer for any consequences from the use infringement of software no longer under manufacturer product support or no longer supported such party’s intellectual property rights by the software publisher (“Unsupported Software”). This includes extra labor other party, the parties agree that any claims hereunder must be brought within 6 months of when they were, or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFOREshould have been using reasonable diligence, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWAREdiscovered.

Warranties; Limitations of Liability. a) Any third-party products provided to Customer pursuant to this AgreementA. NO PARTY, including but not limited to third party hardwareNOR THEIR RESPECTIVE SUBSIDIARIES, software, peripherals and accessories (collectively, “Third Party Products”) shall be provided to Customer “as is”. TOTLCOM shall use reasonable efforts to assign all warranties (if any) for the Third-Party Products to Customer but will have no liability for such third-party products. All Third-Party Products are provided WITHOUT ANY WARRANTY between TOTLCOM and Customer. TOTLCOM shall not be held liable as an insurer or guarantor of the performance or quality of Third- Party Products. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS PARENTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE AFFILIATES SHALL BE GOVERNED BY END USER LICENSE LIABLE TO ANY OTHER PARTY TO THIS APPOINTMENT AGREEMENT TERM AND CONDITIONS. b) TOTLCOM assumes no liability for failure of equipment or software or any losses resulting from such failure. c) OR ITS SUBSIDIARIES, PARENTS OR AFFILIATES, WHETHER IN NO EVENT SHALL EITHER PARTY BE LIABLE CONTRACT, TORT, EQUITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR INCLUDING LOST REVENUE, LOSS OF PROFITS, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK PROFITS (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WRONGFUL DEATH OR INJURY OF ANY PERSON. EACH PARTY’S AGGREGATE LIABILITY TO NOTWITHSTANDING THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF FOREGOING, THE FORM OF ACTION, WHETHER LIMITATIONS CONTAINED IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO TOTLCOM FOR THE SERVICES DURING THE THREE (3THIS SECTION 4(A) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION APPLY TO ANY CLAIM THAT IS SUBJECT TO INDEMNIFICATION BY AGENT PURSUANT TO SECTION 5(B), BELOW. B. NO PARTY, NOR THEIR RESPECTIVE AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATING TO OR ARISING OUT OF THE LIMITATION THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCEMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. d) Unsupported Software TOTLCOM C. Each Party shall not be responsible or liable have the duty to Customer mitigate damages for which any consequences from the use of software no longer under manufacturer product support or no longer supported by the software publisher (“Unsupported Software”). This includes extra labor or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFORE, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWAREParty may become responsible.

Warranties; Limitations of Liability. a) Any third-third party products provided to Customer Client pursuant to this Agreement, including but not limited to third party hardware, software, peripherals peripherals, accessories, and accessories cloud portal services (collectively, “Third Party Products”) shall be provided to Customer Client “as is”. TOTLCOM Company shall use reasonable efforts to assign all warranties (if any) for the Third-Third Party Products to Customer Client, but will have no liability whatsoever for such third-third party products. All Third-Third Party Products are provided WITHOUT ANY WARRANTY WHATSOEVER as between TOTLCOM Company and Customer. TOTLCOM Client, and Company shall not be held liable as an insurer or guarantor of the performance or quality of Third- Third Party Products. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE SHALL BE GOVERNED BY END USER LICENSE AGREEMENT TERM AND CONDITIONS. b) TOTLCOM Company assumes no liability for failure of equipment or software or for any inability to access software or internet based portals for any losses resulting from such failurefailure or inability to access them. c) Client warrants and represents that it shall not use the System for any purposes or activities that violate the laws of any jurisdiction, including the sending of unsolicited, bulk commercial email (i.e., SPAM). d) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER CLIENT TO TOTLCOM COMPANY FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER CLIENT UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF THE LIMITATION OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCE. d) Unsupported Software TOTLCOM shall not be responsible or liable to Customer for any consequences from the use of software no longer under manufacturer product support or no longer supported by the software publisher (“Unsupported Software”). This includes extra labor or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFORE, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWARE.

Warranties; Limitations of Liability. a) Any third-third party products provided to Customer Client pursuant to this Agreement, including but not limited to third party hardware, software, peripherals and accessories (collectively, “Third Party Products”) shall be provided to Customer Client “as is”. TOTLCOM Company shall use reasonable efforts to assign all warranties (if any) for the Third-Third Party Products to Customer Client, but will have no liability whatsoever for such third-third party products. All Third-Third Party Products are provided WITHOUT ANY WARRANTY WHATSOEVER as between TOTLCOM Company and Customer. TOTLCOM Client, and Company shall not be held liable as an insurer or guarantor of the performance or quality of Third- Third Party Products. TOTLCOM IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS. CUSTOMER’S RIGHTS REGARDING CLAIMS AGAINST THIRD-PARTY SERVICE SHALL BE GOVERNED BY END USER LICENSE AGREEMENT TERM AND CONDITIONS. b) TOTLCOM Company assumes no liability for failure of equipment or software or any losses resulting from such failure. c) Client warrants and represents that it shall not use the System for any purposes or activities that violate the laws of any jurisdiction, including the sending of unsolicited, bulk commercial email (i.e., SPAM). d) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS, RANSOMWARE OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF WORK(S) OR ANY SERVICES PERFORMED OR PARTS SUPPLIED HEREUNDER, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY STATEMENT(S) OF WORK EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER CLIENT TO TOTLCOM COMPANY FOR THE SERVICES DURING THE THREE ONE (31) MONTHS MONTH IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. IT IS UNDERSTOOD AND AGREED THAT THE COSTS OF HARDWARE OR SOFTWARE (IF ANY) PROVIDED TO CUSTOMER CLIENT UNDER THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF THE LIMITATION OF DAMAGES DESCRIBED IN THE PRECEDING SENTENCE. d) Unsupported Software TOTLCOM shall not be responsible or liable to Customer for any consequences from the use of software no longer under manufacturer product support or no longer supported by the software publisher (“Unsupported Software”). This includes extra labor or other charges by TOTLCOM for expenses incurred troubleshooting those issues. THEREFORE, CUSTOMER AGREES TO HOLD TOTLCOM HARMLESS FROM ANY LOSS, INJURY OR DAMAGE TO CUSTOMER OR ANY HARDWARE, SOFTWARE, AND/OR COMPUTER DATA OF CUSTOMER CAUSED BY ANY USE OF UNSUPPORTED SOFTWARE.